Does a co-conspirator in a conspiracy to smuggle and conceal illegal drugs have standing to suppress evidence?
MultiRegion, United States of America
The following excerpt is from United States v. Felix, 474 F.2d 610 (9th Cir. 1973):
More recently in United States v. Carrion, 463 F.2d 704, 706 (9th Cir. 1972) it was held that a co-conspirator in a conspiracy to smuggle and to receive and conceal illegally imported marijuana was without standing to move for suppression of evidence, since possession was not an essential element of the crime of which the accused was convicted. Here the appellants were "aiders
[474 F.2d 612]
and abetters"1 in the importation of the heroin, and their possession of the contraband was not an essential element of the offense. The court properly denied appellants' motion to suppress for want of standing.[474 F.2d 612]
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